Monday, March 19, 2012

Tribe allowed to kill bald eagle celebrates its tradition


           The article is about a recent federal government decision allowing a Wyoming Native American tribe, Northern Arapaho, to kill two bald eagles for a religious ceremony. The U.S. Fish and Wildlife Services are allowing the tribe to either kill or capture and release two bald eagles. The controversy is not the whether the bald eagles are going to be used for a religious purpose but whether they can perform their ceremonies without killing the bald eagles. A spokesman for conservation and animal rights group ask whether the tribe can use eagle feathers. The only problem is getting the feathers from a federal repository is a lengthy process.
            In 2005 a young tribal member, who was participating in the Sun Dance, was arrested after he shot a bald eagle; he eventually plead guilty and was fined. Harvey Spoonhunter, a tribal elder, gave reasons for using the bald eagle, “It has been since the beginning of time with us… we get to utilize the eagle, which we consider a messenger to the Creator.” A member of the Zuni Tribe in New Mexico said using a bird in a ceremony is common because it bring awe to many people. He also believes that because of their ceremonies their language and the sense of community have survived.  
            The President of The Humane Society of the United States, Wayne Pacelle, said he did not want to see the bald eagles killed. He also said he understood the importance of the bald eagles for Native American culture and their ceremonies. Pacelle hopes the Native American tribe can use feathers and carcasses without resorting in direct killings of the bald eagles. Since 2007, the bald eagles were taken off of the endangered species list. Another spokesman is insisting that not every tribe wants to kill bald eagles in their ceremonies it is exclusive to only a few tribes. Which means that even though a tribe has been permitted to kill two bald eagles does not every tribe will begin to kill bald eagles. 
            The major issue with this is the Native Americans have to ask permission before part taking in a ceremony. Before the tribe can participate in ceremony they have to ask permission to use the feathers bald eagles. In the same article by CNN, Matt Hogan, a regional director for the Fish and Wildlife Services said, “Native Americans often have to get bald eagle feathers for their ceremonies from the U.S. Fish and Wildlife national feather repository in Denver… it can take years for the tribes to get the feathers this way.” That for me is where the problem comes in, should the Native Americans have wait for years in order to perform a ceremony? Is that not conflicting on their religious freedom? Pacelle hopes that Native Americans can use the feathers rather than killing the bald eagle, but it is not fair to make them wait years before giving them feathers.  This seemed reasonable when the bald eagle was still on the endangered specie list, but now that it is off should feathers not be readily available?
            This article takes me back to the book, We Have a Religion: The 1920s Pueblo Indian Dance Controversy, by Tisa Wenger. In the book Wenger talks about the federal government trying to ban some of the practices of the Pueblo Indians during the 1920s. This article shows that the government is trying to understand the Native Americans and their practices, but is still interfering with Native American practices. It will take time for the government to find a balance in granting the Native Americans to use bald eagles in their ceremonies, but it is not fair for the Native Americans to suffer in the mean time. 

10 comments:

kathryn y. said...

This seems to be quite a sticky situation in the fact that the bald eagle is an object that is directly preserved by the government and then throw in the practices of a religion and it becomes a mess. This is a situation in which the government and the religion would have to decide what is in the best interest of each in regards to this situation. Either way, it is an extremely blurry line in which I am unable to formulate an answer for. While I understand that the Native Americans would be restricted from their ritual due to not being allowed to have a bald eagle, I can also understand the position of the government in which they have regulation over such a species.

Olivea M said...

I do not think that the Native Americans should be allowed to kill Bald Eagles for their religious practices. The Supreme Court ruled in Employment Division v Smith that an individual's religious beliefs does not excuse them from "compliance with an otherwise valid law prohibiting conduct that government is free to regulate". With this being said, the Native Americans should be able to kill a Bald Eagle in their ceremonies because it is violating a valid law. If they are allowed to do this, can other religions that believe in sacrificing humans be able to do so just because they believe it is right? Like we have discussed in the past, you have the right to believe in anything that you want, but you cannot act on everything you believe in.

Alexis A said...

I have to agree with Olivea M on this issue. Killing the birds seems unnecessary, and the government's law does not prohibit the ceremony from occurring. I understand that the law places a serious delay on such practices, but there are ways to procure these feathers without killing bald eagles. If the Native Americans believe this delay is hampering their right to practice their religion, perhaps they could work with wildlife foundations to provide them with feathers on a more regular basis.

Rebekah said...

I agree with Olivea and Alexis.

This group can believe what they want but not act on it, especially because it leads to the possible abuse and death of sentient beings. Even if the eagles are simply captured and released this is a stress inducing episode which may have unintended consequences.

I am curious if this is a touchy subject simply because the animal at risk is the Bald Eagle, the symbol of our country. Lets be honest, animals in America are treated very poorly and I doubt Native Americans killing many other animals would get any attention, certainly people who hunt for fun don't receive as much attention.

Gabe AB said...

As the others have already elaborated on, the biggest problem with this ceremony is that bald eagles are federally protected as endangered animals. As the article says, the ceremony is not supposed to lead to their death, just the removal of their feathers. I'm no ornithologist, but shouldn't and eagle be able to survive having a couple feathers plucked? I guess the chance for damage comes with actually catching the eagle, I don't know how you would go about that. However, if the Indians can prove that they can catch and release an eagle without harming it, they should be able to practice their ceremony, but this is a tall order. As it stands know, I have to agree with everyone else and say that the Indians should have to adhere to the federal protection just like everyone else.

Tiffany S. said...

I definitely agree this is quite a hard situation. On one hand you have the issue of killing previously endangered species and on the other hand you have the ridiculousness of the Native Americans having to ask for permission to perform ceremonies. In a concession they were asked to use feathers, they agree, but even then they have to fill out paper work and then wait years. It is feathers, why should it be this ridiculous to get them? In the end I feel like this is such an infringement on religious rights. I think of it as having to ask for government permission to perform baptisms. As it was said it is not like every Native American tribe is going around just killing eagles. Sometimes I just want to know why we can not leave a religion alone when it is not a real harm to anyone.

Christiana Torere said...

I understand the Native American religious practices, but it’s 2012 and killing and a bird is far too excessive. I do believe feathers should be used, it would still serve the same purpose and the Native American religious values will still be honored. At the end of the day the Bald Eagle is just symbol/representation in which they did not choose to be apart of; therefore it unfortunate that they must suffer. Plucking a few feathers and the bird survives is the more civilized way of handling this situation.

Amber P. said...

What makes the Bald Eagle different from all other animals? I understand they are federally protected, but what about the capture and sacrifice of other animals that have a religious significance? I hunt, but I obtain a permit every year. I am given regulations for how many I am allowed to kill. I believe all religious sacrifices should have to obtain a permit as well, for any kind of animal sacrifice. A process should be in place for determining who can obtain permits. The rarity of the animal should be taken into account. Obtaining a permit and the process of awarding the permit limits religious favoring. Requiring the obtainment of a permit reminds me of many of the cases we have studied, particularly the Cantwell case. The Jehovah’s Witnesses did not obtain a permit because they knew there would be discrimination. However, the religious discrimination could be avoided if a process was put in place and everyone was required to obtain a animal sacrifice and killing permit.

Blake_S said...

This is an interesting situation to be in with the use of an endangered species in a ritual. The question of whether the government has the power to stifle such a practice is an excellent question. Furthermore with the long history of the government interfering with Native American practices, it doesn't look the best for the government to take this position again.

crunchycheetos said...

It's funny to me how you can see how ignorant people are simply by the rhetoric they use! Natives are only doing something they have for HUNDREDS of years. Nobody laughs at a catholic and tells them "communion is foolish! It's 2012! You don't have to drink Jesus' blood and eat his flesh to be catholic! " They don't say that because it's equally as foolish (for a non-Catholic) to assert themselves into another religious groups actions. You cannot inflict your American Anglo-Saxon Protetant ideals on those who are not. Let them kill he eagles and get over yourself. And go back and read the article, it is no longer illegal to kill eagles.

Where do I apply for an animal sacrifice license? Just curious. Lol

Preston L.